Terms of Use

 

Welcome and thank you for visiting our website, https://www.stockmanporopat.com/ (“Site”).  The Site is operated by Stockman & Poropat, PLLC (“Company”), a professional limited liability company duly organized under the laws of the State of New York.  This Terms of Service Agreement (“Agreement”) describes the terms by which you are allowed to use the Site and related Services.

Please read this terms of service agreement carefully. by using the website HTTPS://STOCKMANPOROPAT.COM and related webpages AND LINKS, you agree that this agreement is enforceable like any written contract signed by you. If you do not agree to all of the terms of this agreement, do not use the site.

 Section 1 – General Provisions

1.1       This Agreement establishes the terms that apply to your use of the Site and its related Services.  By accessing or using any part of the Site or the related Services, including its features, you agree to fully comply with this Agreement.

1.2       The Site is intended for Users (defined below) over the age of thirteen (13).  Any User between the ages of thirteen (13) and eighteen (18), or your local age of majority, shall review this Agreement with their parent or legal guardian to ensure that both you and your parent or legal guardian agree to the terms of this Agreement.  If you are a User between the ages of the thirteen (13) and your local age of majority, you agree to have your parent or legal guardian review and accept this Agreement on your behalf.  If you are a parent or guardian accepting this Agreement on your child over the age of thirteen’s (13) behalf, you hereby agree to accept full responsibility and liability for your child’s use of the Services, including all financial charges that he may incur.

1.3       Users of the Site will be defined as anyone utilizing the Site.

1.4       Company may, at any time, change or discontinue any feature of the Site, including the Site itself, without notice.

Section 2 – Changing Terms

2.1       Company may change or modify the terms of this Agreement at any time.  Such changes or modifications will become effective upon posting.  Company may provide notice of changes to this Agreement through the Site and/or by email but it not required to do so.  Your use of the Site after modifications of this Agreement will be deemed acceptance of all changes and modifications to this Agreement. It is your responsibility to check these terms on an occasional basis.

Section 3 – DISCLAIMER: NO LEGAL REPRESENTATION

3.1 Using the Site and/or Service does not create an Attorney-Client relationship between you and Stockman & Poropat, PLLC, which is only formed when you have signed a client engagement agreement.

3.2 Neither receipt of information presented on this Site and/or Service nor any email or other electronic communication submitted or received will create an attorney-client relationship with Stockman & Poropat, PLLC.

3.3 Any information that you provide by reason of your use of this Site and/or Service is not privileged or confidential.

3.4 No user of the Site and/or Service should act, or refrain from acting, on the basis of information included on www.stockmanporopat.com without first consulting legal counsel in the relevant jurisdiction.

Section 4 – About the Site

4.1       The Site offers users access to information regarding legal services for potential clients.  The Site, and the content on The Site, is purely for educational purposes.

4.2       You agree that the Site is provided on an “AS IS” and “AS AVAILABLE” basis.  Any difficulties that the Site may experience may result in the loss of data or other service or feature interruptions.  Company does not assume any responsibility or liability for the loss, deletion, timeliness or failure to store data or information.

4.4       Through the use of the Site, you may be asked to provide certain information in order to register for or participate in our services. Any information provided is securely stored and is subject to the Sites’ Privacy Policies which can be viewed here. It is highly recommended that you review these Terms and the Privacy Policies on a frequent basis.

4.5       Through the Site, you may access features that are provided by third parties.  Your use of such features or purchase of goods or services may be subject to separate terms with the providing third party.

Section 5 – Conduct

5.1       You will provide true and accurate information about yourself.  Please update any information that is no longer true or accurate.

5.2 You will use the Site for lawful purposes only.

 

5.3 As a User of the Site, you agree not to:

    • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    • Use any information obtained from the Site in order to harass, abuse, or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Site in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Site.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text}, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”}, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
    • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
    • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
    • Use a buying agent or purchasing agent to make purchases on the Site.
    • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
    • Use the Site to advertise or offer to sell goods and services.

5.4       The above list is not intended to be exhaustive.  Company may monitor content and information provided by Users on its Site and through the platforms used to provide the Services, including but not limited to through video calling or streaming platforms used in connection with the Services.  Company may edit or remove any content it determines is offensive or violates this Agreement, in its sole discretion, at any time without notice.  The posting, sharing, submitting or otherwise use of such prohibited content may result in the removal of the prohibited content and/or termination of your access to the Site and/or Services.

5.5       You understand and agree that Company is not responsible for the content posted or broadcasted on the Site or through platforms used to provide the Services by its Users, including but not limited to any video or audio submitted by Users through communication methods.

5.6       By submitting content to any area of the Site or through the platforms used by Company to provide its Services, or by otherwise transferring content through the site, you automatically grant, or warrant that the owner of the content grants, a royalty- free, perpetual, irrevocable and non-exclusive right and license to use the content in any manner, at the sole discretion of Company, in any form of media now known or hereafter developed.

Section 6 – Services

6.1       Company may offer and provide products, Services and websites accessed through internet-capable hardware platforms including gaming consoles, computer, mobile devices, smart phones, software applications and third-party programs (collectively, the “Services”). Such Services shall include, but are not limited to, content and information about our team, owner, products, services, recommendations and information which may or may not be applicable to you. Company may change, suspend or discontinue these Services for any reason, at any time, including the availability of any feature or content provided. Company may also limit the use of certain features and Services or restrict access to such Services in part or in its entirety without notice or liability.

Section 7 – Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK.  COMPANY DOES NOT WARRANT THAT THE SITE AND ITS FEATURES WILL BE SECURE, ERROR FREE, OR UNINTERRUPTED.  YOU AGREE NOT TO RELY ON THE SITE, INCLUDING ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SITE, FOR ANY PURPOSE.  THE SITE, ITS FEATURES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATION OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR USER ON THE SITE, OR AS TO THE QUALITY OF ANY GOODS, MERCHANDISE, OR SERVICES PURCHASED THROUGH THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR ANY HARMS OR POTENTIAL HARMS TO YOUR PERSON, REPUTATION, COMPUTER SYSTEM, OR PROPERTY THAT RESULT FROM YOUR USE OF THE SITE OR YOUR INTERACTIONS WITH OTHER SITE USERS.  COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS OF ANY NATURE.

COMPANY SHALL NOT BE LIABLE FOR ANY DISPUTE BETWEEN USERS.  SUCH DISPUTES SHALL ONLY BE BETWEEN THE USERS INVOLVED.  IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH THE DISPUTE BETWEEN USERS.

IF ANY LIABILITY IS FOUND FOR ANY CLAIM OR SUIT ARISING OUT OF THIS AGREEMENT, THE LIABILITY OF COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIMITED TO THE AMOUNT OF FEES RETAINED BY COMPANY IN CONNECTION WITH YOUR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Section 8 – Arbitration

8.1       Any controversy or claim you have against Company relating to this Agreement or its purported breach, shall be settled by binding arbitration before the American Arbitration Association (“AAA”) in New York by a sole arbitrator.  Any controversy or claim shall not be consolidated with the controversies or claims of other individuals.  Company shall have the option to bring any claim or dispute against you in New York state court or Federal Court, or in binding arbitration.  You consent to personal jurisdiction and venue in New York State and Federal Court.   Company shall be entitled to seek its reasonable attorney’s fees and costs in any action against you.  Any arbitration under this agreement shall be governed by the AAA Commercial Arbitration rules.

Section 9 – Indemnification

9.1       You agree to indemnify, defend, and hold harmless Company and its respective officers, directors, employees, attorneys and their respective successors and assigns from and against all losses, costs, expenses, damages, or other liabilities (including reasonable attorney’s fees and costs) as a result of any claim, suit or proceeding resulting from the breach of this Agreement, your negligent or otherwise harmful conduct, your use of the Site or Services, and any violations of law.

Section 10 – Intellectual Property

10.1     Company reserves all of its intellectual property rights, including but not limited to the names Stockman & Poropat, PLLC, the “shield” logo, the Site, the Site design, and the Site’s content.  Unless you have agreed otherwise in writing with Company, you agree that nothing in this Agreement gives you the right to use any of Company’s intellectual property for any purpose, including the downloading or republishing any content located on the Site.  You further agree that you will not use any intellectual property in a manner that may cause a likelihood of confusion as to the owner or creator of such content.  Company shall be permitted to use and/or modify any content located on the Site or uploaded to the Site in connection with promoting Company and its products.

10.2     If you believe any content on the Site infringes upon the intellectual property of yourself or others, please let us know at intake@stockmanporopat.com

Section 11 – Third Party Content

11.1     Any opinions, statements, content, advice, Services or information made by any third parties, including other Site Users, on the Site are those of the respective author(s) and not Company.  Company does not endorse, nor is it responsible for, the opinions, statements, content, advice, Services, or information made available on the Site or through platforms used for its Services by third parties.  Company will not be liable for any loss or damage caused by your reliance on information obtained through the Site, as it is your responsibility to determine the completeness, accuracy, or usefulness of any information, advice, Services, statements, opinions or content on the Site.

Section 12 – Outside Links

12.1     The Site may have hyperlinks to other websites or Services.  Company does not control websites or content that have not been provided by Company.  You agree that Company does not endorse the websites or content that it did not provide.  Company will not be held liable for any reason in connection with websites or content posted on the Site or provided through its Services by third parties or Users.

Section 13 – California Users and Residents

13.1     If any complaint with us is not satisfactorily resolves, you can contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Section 14 – Miscellaneous

14.1     This Agreement incorporates by reference all other policies that the Site and Services are subject to, including the Privacy Policy (which can be accessed at http://stockmanporopat /privacy).

14.2     This Agreement constitutes the entire agreement of the parties with respect to the use of the Site.

14.3     All provisions of this Agreement are severable, and if any provisions is held to be unenforceable, it shall not affect the enforceability of the remaining provisions.  Additionally, if any provision is found to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent of New York law, preserves the original intentions of the parties.

14.4     This Agreement shall be governed by New York law.

14.5     The failure of Company to partially or fully exercise any rights under this Agreement shall not prevent any exercise of such right, and shall not be deemed as a waiver of such rights.  The exercise of any rights under this Agreement shall not limit Company’s right to exercise any other remedy.

14.6     Company reserves the right, in its sole discretion, to change this Terms of Service. The most current version of this Terms of Service will supersede all previous versions. Company encourages you to periodically review this Terms of Service to stay informed of our updates.

Section 15 – Privacy Policy

15.1     For more information about Company’s privacy practices, please read our Privacy Policy, which is incorporated by reference in this Agreement and can be accessed here. The Privacy Policy outlines what information we collect, how we collect the information, and how we use the information.  By accessing or using the Site, you agree to the use of your information as delineated in the Privacy Policy.

Section 16 – Contact, Questions, Comments

16.1     Should you have any questions or comments relating to this Agreement, please contact us at intake@stockmanporopat.com

 

This Agreement was last updated on May 1, 2024.

 

 

 

 

 

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